Law firm to host meeting over Cleveland County rail trail

More than 150 landowners are seeking compensation from the federal government due to the proposed rail trail in Cleveland County.

Arent Fox LLP is representing landowners who have filed inverse condemnation claims in two lawsuits involving the taking of their property for the Shelby rail trail conversion.

The law firm is still educating landowners along railway about their rights in regards to the rail trail. Arent Fox Counsel Lindsay Brinton and Arent Fox paralegal Mary Shambro will host two informational meetings Tuesday to provide details on the rails to trails lawsuit to landowners.

u201cThereu2019s probably about 100 additional landowners that have not filed a claim,u201d Brinton said.

The first meeting is scheduled for noon at the LeGrand Center, 1800 E. Main St., Shelby, and the second meeting will be held at 5 p.m. at the Grover Town Hall, 207 Mulberry Road, Grover.

The lawsuits

According to Brinton, North Carolina law states railroad companies only have an easement for railroad purposes. A federal law superseding the state law allows railroad companies to issue easements of railways for trail use.

But the process constitutes the federal government taking land from property owners, Brinton said.

Arent Fox has represented landowners in similar cases across the country. Clients represented by the firm in three South Carolina cases recently received payment in lawsuits related to a rail trail.

Arent Fox filed the first case in Cleveland County, Brooks v. United States, in August 2015 after the federal government issued an order allowing the conversion of the abandoned rail trail on Aug. 4 of that year.

A second suit followed when more landowners filed inverse condemnation claims. A third case could follow if more local landowners on property adjoining the railway sign on.

u201cWe are joining all the claims and presenting them to the federal government so the federal government can pay these owners,u201d Brinton said.

Brinton believes Arent Fox's clients in Cleveland County will likely see payment in 2019.

About the trail

The nearly 13-mile trail would stretch from Shelby (near Sunset Cemetery) to the South Carolina state line in Grover.

The city hired Alta Planning + Design to create the plans for the trail, which were presented to Shelby City Council and the Cleveland County Board of Commissioners in June.

Not including the right-of-way purchase, the project is expected to cost around $9.5 million.

Shelby City Manager Rick Howell said the city is still negotiating with Norfolk Southern about the right-of-way purchase of the rail corridor.

The lawsuit with the federal government will not impact the cityu2019s involvement with the trail, Howell said.